Kan. Admin. Regs. § 26-39-100 - Definitions
The following terms and definitions shall apply to all of the department's regulations governing adult care homes and their employees:
(a) "Activities director" means an individual
who meets at least one of the following requirements:
(1) Has a degree in therapeutic
recreation;
(2) is licensed in
Kansas as an occupational therapist or occupational therapy
assistant;
(3) has a bachelor's
degree in a therapeutic activity field in art therapy, horticultural therapy,
music therapy, special education, or a related therapeutic activity
field;
(4) is certified as a
therapeutic recreation specialist or as an activities professional by a
recognized accrediting body;
(5)
has two years of experience in a social or recreational program within the last
five years, one of which was full-time in an activities program in a health
care setting; or
(6) has completed
a course approved by the department in resident activities coordination and
receives consultation from a therapeutic recreation specialist, an occupational
therapist, an occupational therapy assistant, or an individual with a
bachelor's degree in art therapy, music therapy, or horticultural
therapy.
(b) "Addition"
means an increase in the building area, aggregate floor area, or number of
stories of an adult care home.
(c)
"Administrator" means an individual who is responsible for the general
administration of an adult care home, whether or not the individual has an
ownership interest in the adult care home. Each administrator of an adult care
home shall be licensed in accordance with
K.S.A. 65-3501 et seq., and amendments
thereto.
(d) "Adult care home" has
the meaning specified in
K.S.A. 39-923, and amendments thereto.
(e) "Adult day care" has the meaning
specified in
K.S.A. 39-923, and amendments thereto.
(f) "Advanced practice registered nurse" and
"APRN" mean an RN who holds a license from the Kansas board of nursing to
function as a professional nurse in an advanced role as defined by regulations
adopted by the Kansas board of nursing.
(g) "Ambulatory resident" means any resident
who is physically and mentally capable of performing the following without the
assistance of another person:
(1) Getting in
and out of bed; and
(2) walking
between locations in the living environment.
(h) "Applicant" means any individual, firm,
partnership, corporation, company, association, or joint stock association
requesting a license to operate an adult care home.
(i) "Assisted living facility" has the
meaning specified in
K.S.A. 39-923, and amendments thereto.
(j) "Audiologist" means an individual who is
licensed by the department as an audiologist.
(k) "Basement" means the part of a building
that is below grade.
(l)
"Biologicals" means medicinal preparations made from living organisms and their
products, including serums, vaccines, antigens, and antitoxins.
(m) "Boarding care home" has the meaning
specified in
K.S.A. 39-923, and amendments thereto.
(n) "Case manager" means an individual
assigned to a resident to provide assistance in access and coordination of
information and services in a program authorized by the Kansas department for
aging and disability services, the Kansas department for children and families,
or the division of health care finance in the Kansas department of health and
environment.
(o) "Change of
ownership" means any transaction that results in a change of control over the
capital assets of an adult care home.
(p) "Chemical restraint" means a medication
or biological that meets the following conditions:
(1) Is used to control a resident's behavior
or restrict a resident's freedom of movement; and
(2) is not a standard treatment for a
resident's medical or psychiatric condition.
(q) "Clinical record" means the record that
includes all the information and entries reflecting each resident's course of
stay in an adult care home.
(r)
"Concentrated livestock operation" means confined feeding facility, as defined
in K.S.A. 65-171d, and amendments thereto.
(s) "Contaminated laundry" means any clothes
or linens that have been soiled with body substances including blood, stool,
urine, vomitus, or other potentially infectious material.
(t) "Controlled substance" means any
medication, substance, or immediate precursor included in any of the schedules
designated in
K.S.A. 65-4105,
K.S.A. 65-4107,
K.S.A. 65-4109,
K.S.A. 65-4111, and
K.S.A. 65-4113, and amendments thereto.
(u) "Day shift" means any eight-hour to
12-hour work period that occurs between the hours of 6 a.m. and 9
p.m.
(v) "Department" means Kansas
department for aging and disability services.
(w) "Dietetic services supervisor" means an
individual who meets one of the following requirements:
(1) Is licensed in Kansas as a
dietitian;
(2) has an associate's
degree in dietetic technology from a program approved by the American dietetic
association;
(3) is a dietary
manager who is certified by the certifying board for dietary managers of the
association of nutrition and foodservice professionals; or
(4) has training and experience in dietetic
services supervision and management that are determined by the Kansas
department for aging and disability services to be equivalent in content to the
requirement specified in paragraph (2) or (3) of this subsection.
(x) "Dietitian" means an
individual who is licensed by the department as a dietitian.
(y) "Direct care staff" means the individuals
employed by or working under contract for an adult care home who assist
residents in activities of daily living. These activities may include the
following:
(1) Ambulating;
(2) bathing;
(3) bed mobility;
(4) dressing;
(5) eating;
(6) personal hygiene;
(7) toileting; and
(8) transferring.
(z)"Director of nursing" means a position in
a nursing facility or a nursing facility for mental health that is held by one
or more individuals who meet the following requirements:
(1) Each individual shall be licensed as an
RN.
(2) If only one individual
serves in this position, the individual shall be employed at least 35 hours
each week.
(3) If more than one
individual serves in this position, the individuals shall be employed
collectively for a total of at least 40 hours each week.
(4) Each individual shall have the
responsibility, administrative authority, and accountability for the
supervision of nursing care provided to residents in the nursing facility or
the nursing facility for mental health.
(aa) "Full-time" means 35 or more hours each
week.
(bb) "Health information
management practitioner" means an individual who is certified as a registered
health information administrator or a registered health information technician
by the American health information management association.
(cc) "Home plus" has the meaning specified in
K.S.A. 39-923, and amendments thereto.
(dd) "Interdisciplinary team" means the
following group of individuals:
(1) An RN with
responsibility for the care of the residents; and
(2) other appropriate staff, as identified by
resident comprehensive assessments, who are responsible for the development of
care plans for residents.
(ee) "Intermediate care facility for people
with intellectual disability" has the meaning specified in
K.S.A. 39-923, and amendments thereto.
(ff) "Legal representative" means an agent
acting within the bounds of the agent's legal authority who meets any of the
following criteria:
(1) Has been designated by
a resident to serve as the resident's trustee, power of attorney, durable power
of attorney, or power of attorney for health care decisions;
(2) is a court-appointed guardian or
conservator authorized to act on behalf of the resident in accordance with
K.S.A. 59-3051 et seq., and amendments thereto;
or
(3) if the resident is a minor,
is either of the following:
(A) A natural
guardian, as defined in
K.S.A. 59-3051 and amendments thereto; or
(B) a court-appointed guardian, conservator,
trustee, or an individual or agency vested with custody of the minor pursuant
to the revised Kansas code for care of children, K.S.A. 2012 Supp.
38-2201 through
38-2283 and amendments thereto, or
the revised Kansas juvenile justice code, K.S.A. 2012 Supp.
38-2301 through
38-2387 and amendments
thereto.
(gg)
"Licensed mental health technician" means an individual licensed by the Kansas
board of nursing as a licensed mental health technician.
(hh) "Licensed nurse" means an individual
licensed by the Kansas board of nursing as a registered professional nurse or
licensed practical nurse.
(ii)
"Licensed practical nurse" and "LPN" mean an individual who is licensed by the
Kansas board of nursing as a licensed practical nurse and is supervised by a
registered professional nurse, in accordance with
K.S.A. 65-1113 and amendments thereto.
(jj) "Licensee" means an individual, firm,
partnership, association, company, corporation, or joint stock association
authorized by a license obtained from the secretary to operate an adult care
home.
(kk) "Medical care provider"
means any of the following individuals:
(1) A
physician licensed by the Kansas board of healing arts to practice medicine and
surgery, in accordance with
K.S.A. 65-2801 et seq. and amendments
thereto;
(2) a physician assistant
(PA) who is licensed by the Kansas board of healing arts, in accordance with
K.S.A. 65-28a02 and amendments thereto, and who
provides health care services under the direction and supervision of a
responsible physician; or
(3) an
APRN.
(ll) "Medication"
means any "drug," as defined by
K.S.A. 65-1626 and amendments thereto.
(mm) "Medication administration" means an act
in which a single dose of a prescribed medication or biological is given by
application, injection, inhalation, ingestion, or any other means to a resident
by an authorized person in accordance with all laws and regulations governing
the administration of medications and biologicals. Medication administration
shall consist of the following:
(1) Removing a
single dose from a labeled container, including a unit-dose
container;
(2) verifying the
medication and dose with the medical care provider's orders;
(3) administering the dose to the resident;
and
(4) documenting the dose in the
resident's clinical record.
(nn) "Medication aide" means an individual
who is certified by the department as a medication aide according to K.A.R.
26-50-30 and is supervised by a licensed nurse.
(oo) "Medication dispensing" means the
delivery of one or more doses of a medication by a licensed pharmacist or
physician. The medication shall be dispensed in a container and labeled in
compliance with state and federal laws and regulations.
(pp) "Non-ambulatory resident" means any
resident who is not physically or mentally capable of performing the following
without the assistance of another person:
(1)
Getting in and out of bed; and
(2)
walking between locations in the living environment.
(qq) "Nurse aide" means an individual who
meets the following requirements:
(1) Is
certified as a nurse aide by the department and is listed on the Kansas nurse
aide registry according to K.A.R. 26-50-20 ; and
(2) is supervised by a licensed
nurse.
(rr) "Nurse aide
trainee" means an individual who is in the process of completing a nurse aide
training program as specified in K.A.R. 26-50-20 or K.A.R. 26-50-24, is not
certified by the department as a nurse aide, and is not listed on the Kansas
nurse aide registry. There are two types of nurse aide trainee: nurse aide
trainee I and nurse aide trainee II. These two terms are defined in K.A.R.
26-50-10.
(ss) "Nursing facility"
has the meaning specified in
K.S.A. 39-923, and amendments thereto.
(tt) "Nursing facility for mental health" has
the meaning specified in
K.S.A. 39-923, and amendments thereto.
(uu) "Nursing personnel" means all of the
following:
(1) RNs;
(2) LPNs;
(3) licensed mental health technicians in
nursing facilities for mental health;
(4) medication aides;
(5) nurse aides;
(6) nurse aide trainees II; and
(7) paid nutrition assistants.
(vv) "Nursing unit" means a
distinct area of a nursing facility serving not more than 60 residents and
including the service areas and rooms described in K.A.R. 26-40-302 and K.A.R.
26-40-303.
(ww) "Occupational
therapist" means an individual who is licensed with the Kansas board of healing
arts as an occupational therapist.
(xx) "Occupational therapy assistant" means
an individual who is licensed by the Kansas board of healing arts as an
occupational therapy assistant.
(yy) "Operator" has the meaning specified in
K.S.A. 39-923, and amendments thereto.
(zz) "Paid nutrition assistant" has the
meaning specified in
K.S.A. 39-923, and amendments thereto. In addition,
each paid nutrition assistant shall meet the following requirements:
(1) Have successfully completed a nutrition
assistant course approved by the department;
(2) provide assistance with eating to
residents of an adult care home based on an assessment by the supervising
licensed nurse, the resident's most recent minimum data set assessment or
functional capacity screening, and the resident's current care plan or
negotiated service agreement;
(3)
provide assistance with eating to residents who do not have complicated eating
problems, including difficulty swallowing, recurrent lung aspirations, and
tube, parenteral, or intravenous feedings;
(4) be supervised by a licensed nurse on duty
in the facility; and
(5) be able to
contact the supervising licensed nurse verbally or on the resident call system
for help in case of an emergency.
(aaa) "Personal care" means assistance
provided to a resident to enable the resident to perform activities of daily
living, including ambulating, bathing, bed mobility, dressing, eating, personal
hygiene, toileting, and transferring.
(bbb) "Pharmacist" has the meaning specified
in K.S.A. 65-1626, and amendments thereto.
(ccc) "Physical restraint" means any method
or any physical device, material, or equipment attached or adjacent to the
resident's body and meeting the following criteria:
(1) Cannot be easily removed by the resident;
and
(2) restricts freedom of
movement or normal access to the resident's body.
(ddd) "Physical therapist" means an
individual who is licensed by the Kansas board of healing arts as a physical
therapist.
(eee) "Physical therapy
assistant" means an individual who is certified by the Kansas board of healing
arts as a physical therapy assistant.
(fff) "Physician" means a person licensed to
practice medicine and surgery by the state board of healing arts.
(ggg) "Psychopharmacologic drug" means any
medication prescribed with the intent of controlling mood, mental status, or
behavior.
(hhh) "Registered
professional nurse" and "RN" mean an individual who is licensed by the Kansas
board of nursing as a registered professional nurse.
(iii) "Renovation" means a change to an adult
care home that affects the building's structural integrity or life safety
system.
(jjj) "Resident" has the
meaning specified in
K.S.A. 39-923, and amendments thereto.
(kkk) "Resident capacity" means the number of
an adult care home's beds or adult day care slots, as licensed by the
department.
(lll) "Residential
health care facility" has the meaning specified in
K.S.A. 39-923, and amendments thereto.
(mmm) "Respite care" means the provision of
services to a resident on an intermittent basis for periods of fewer than 30
days at any one time.
(nnn)
"Restraint" means the control and limitation of a resident's movement by
physical, mechanical, or chemical means.
(ooo) "Sanitization" means effective
bactericidal treatment by a process that reduces the bacterial count, including
pathogens, to a safe level on utensils and equipment.
(ppp) "Secretary" means secretary of the
Kansas department for aging and disability services.
(qqq) "Self-administration of medication"
means the determination by a resident of when to take a medication or
biological and how to apply, inject, inhale, ingest, or take a medication or
biological by any other means, without assistance from nursing staff.
(rrr) "Significant change in condition" means
a decline or improvement in a resident's mental, psychosocial, or physical
functioning that requires a change in the resident's comprehensive plan of care
or negotiated service agreement.
(sss) "Social services designee" means an
individual who meets at least one of the following qualifications:
(1) Is licensed by the Kansas behavioral
sciences regulatory board as a social worker;
(2) has a bachelor's degree in a human
service field, including social work, sociology, special education,
rehabilitation counseling, or psychology, and receives supervision from a
licensed social worker; or
(3) has
completed a course in social services coordination approved by the department
and receives supervision from a licensed social worker on a regular
basis.
(ttt) "Social
worker" means an individual who is licensed by the Kansas behavioral sciences
regulatory board as a social worker.
(uuu) "Speech-language pathologist" means an
individual who is licensed by the department as a speech-language
pathologist.
(vvv) "Working day"
means any day other than a Saturday, Sunday, or day designated as a holiday by
the United States congress or the Kansas legislature or governor.
Notes
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